Security tape captures former Chicago police Officer Anthony Abbate beating up bartender Karolina Obrycka at Jesse's Shortstop Inn in Chicago in February 2007.
A federal judge Thursday turned down the request by Mayor Rahm Emanuel’s administration to erase a jury’s finding that the Chicago Police Department has a “code of silence” to protect rogue officers.
The ruling came in the case of the notorious videotaped barroom beating of a female bartender by an off-duty police officer. The ruling means the bartender will still get an $850,000 jury award from the November verdict in her lawsuit against the police department.
U.S District Judge Amy St. Eve said the city turned down reasonable settlement offers from plaintiff Karolina Obrycka for six years and decided to take the case to trial “knowing that an adverse judgment was a risk.”
Under these circumstances, to let the city set aside the outcome after the jury has spoken could set a bad precedent that would deter parties from settling cases before the public expense of a trial in the future, she wrote.
“The judgment in this case has ramifications for society at large, not just the city’s litigation strategies.”
The judge said her decision was influenced by the fact that the city acknowledged in court that they had agreed to pay Obrycka her money now, and not appeal the case, regardless of the outcome of the motion. Because of that, St. Eve wrote, the needs of the parties in the case were less important than the public’s interest in a judgment that puts the “code of silence” on the law books as a fact.
Obrycka’s lawyer said St. Eve’s ruling won’t impact the former bartender in any way. “Regardless of how the judge ruled, (city officials) have to pay her by the end of the month," lawyer Terry Ekl said.
Ekl said the $850,000 will all go to Obrycka because he has waived any claim to the judgment and will take his payment in the case from the city. Attorneys fees are the only remaining issue to be settled in the case and St. Eve will handle negotiations over what Ekl’s team receives.
He said he filed bills to the city for more than 5,400 hours of work in the case and setting an hourly rate for that time will be the issue for negotiation. Whatever the rate, fees are likely to be in the millions of dollars.
